[2020] KEHC 5898 (KLR)
The court held that it lacked jurisdiction to entertain the applicant's request for committal for contempt of court in the absence of any judicial review orders sought or granted by the Judicial Review Division. The application arose from a civil dispute and not from the exercise of the court's supervisory...
Source-derived case information.
- Citation
- [2020] KEHC 5898 (KLR)
- Parties
- Applicant: Trident Insurance Company Limited; Respondent: Accounting Officer, County Assembly of Nyamira; Respondent: The Ag. Clerk, County Assembly of Nyamira
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Miscellaneous Application 103 of 2020
- Procedural Posture
- Judicial Review Miscellaneous Application / Ruling on Transfer of Suit and Directions
- Outcome
- suit transferred to civil division for further hearing and determination
- Judges
- P Nyamweya
- Legal Topics
- Contempt of Court, Transfer of Proceedings, Public Procurement Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Trident Insurance Company Limited
Applicant
Accounting Officer, County Assembly of Nyamira
Respondent
The Ag. Clerk, County Assembly of Nyamira
Respondent
Procedural Posture
Judicial Review Miscellaneous Application / Ruling on Transfer of Suit and Directions
Legal Issues
- 1 Whether the High Court's Judicial Review Division has jurisdiction to entertain an application for committal for contempt arising from a civil dispute without prior judicial review orders.
- 2 Whether the application should be transferred to the Civil Division for further hearing and determination.
Ratio Decidendi
The court held that it lacked jurisdiction to entertain the applicant's request for committal for contempt of court in the absence of any judicial review orders sought or granted by the Judicial Review Division. The application arose from a civil dispute and not from the exercise of the court's supervisory jurisdiction over the Public Procurement Administrative Review Board. Accordingly, the matter was transferred to the Civil Division of the High Court at Nairobi for further hearing and determination, as only that division was properly seized of jurisdiction to address the applicant's claims.
Court Disposition
suit transferred to civil division for further hearing and determination
Orders
- This suit is transferred to the Civil Division of the High Court at Nairobi for further hearing and determination.
- The Applicant’s Chamber Summons dated 30th April 2020 shall be placed before the Duty Judge at the Civil Division of the High Court at Nairobi on 26th May 2020 for directions.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
JUDICIAL REVIEW MISC. APPLICATION NO. 103 OF 2020
IN THE MATTER OF AN APPLICATION BY FOR CONTEMPT OF COURT
BETWEEN
TRIDENT INSURANCE COMPANY LIMITED............................APPLICANT
VERSUS
ACCOUNTING OFFICER, COUNTY
ASSEMBLY OF NYAMIRA.....................................................1ST RESPONDENT
THE AG. CLERK, COUNTY
ASSEMBLY OF NYAMIRA.....................................................2ND RESPONDENT
RULING
1. The application before the Court for consideration is the Applicant’s Chamber Summons dated 30th April 2020, seeking leave to apply orders of committal to prison and payment of a fine against the Acting Clerk of the County Assembly of Nyamira, pursuant to section 176 of the Public Procurement and Assets Disposal Act. The Applicant alleges that the said Acting Clerk has disobeyed the orders of the Public Procurement Administrative Review Board, issued on 11th December 2019 in PPARB application 134 of 2019. The application is supported by a verifying affidavit sworn on 30th April 2020 by Emily Ndirangu, the Applicant’s General Manager.
2. It is notable that the Applicant is not seeking any judicial review orders in exercise of this Court’s supervisory jurisdiction, or orders consequent to judicial review orders already granted by this Court. Its application is seeking orders for committal for contempt of court at the first instance, and arises out of a civil dispute between the parties. In addition, this Court’s jurisdiction is circumscribed and limited under section 175 of the Public Procurement and Assets Disposal Act of 2015 to the review of the decisions of the Public Procurement Administrative Review Board, which is not the case in the Applicant’s application.
3. In the premises, I direct and order that this suit be and is hereby transferred to the Civil Division of the High Court at Nairobi for further hearing and determination. The Applicant’s Chamber Summons dated 30th April 2020 shall accordingly be placed before the Duty Judgeat theCivil Division of the High Court at Nairobi on 26th May 2020 for directions.
4. The Deputy Registrar of this Court shall send a copy of this ruling by electronic mail to the Applicant, and to the Deputy Registrar of the Civil Division of the High Court at Nairobi, by close of business on 20th May 2020.
5. Orders accordingly.
DATED AND SIGNED AT NAIROBI THIS 18TH DAY OF MAY 2020
P. NYAMWEYA
JUDGE